Last updated May 1, 2015
c) Starts to use the Services
a) The User agrees that the Company keeps the User’s e-mail address (the “Registered E-mail Address”), the password, the nickname, the gender, the icon image for the user identification and the date of birth.
b) The User agrees that the application transmits the information described below (the “Service Improvement Information”) to the Phamily server operated by the Company.
The image information used by the User in the Services (the “User Image Information”) and the subordinate meta information (including but not limited to, the date of photographing, the place of photographing, the camera used, the terms of photographing, tag information and comments given by the User).
The information for the environment of using the Services (including but not limited to, the version of the application, the date and time of operation, the version of OS, the screen resolution and the number of pictures).
The information regarding the failure of the Services (including but not limited to, the place where the application crashed in the program).
The information regarding the situation of use of the Services (including but not limited to, the use or non-use, the situation of making or sharing an album, the situation of using the memory).
a) The Registered E-mail Address which is used when the User logs in to use the Services, shall exist, be possible to receive messages from the Company, and be possible to be confirmed as receiving contents regularly by the User.
b) The User bears the responsibility to protect the password for using the Services. The User shall not disclose the password to a third party.
c) The User bears any responsibilities of the result of the act of using the Services.
d) The User bears any responsibilities of copying, uploading, sharing, posting, and using the User Image Information and the subordinate meta information. The Company shall not bear any responsibilities for these.
e) The User bears any responsibilities of maintaining and protecting the User Image Information and the subordinate meta information. The Company shall not bear the cost to affect the loss, the damage, the backup and the reconstruction of the User Image Information and the subordinate meta information.
c) The User shall not copy, modify whole or a part of the application and make derivative works. The User shall not analyze the protocol of the Services. The User shall not make a third party to do these acts.
The Company shall be able to set the upper limit anytime even if the Company do not set the constant upper limit as per the number of the User Image Information that the User can use, quantity of the User Image Information and the subordinate meta information kept in the Company’s server, and the total number of the User at present. In this case the Company shall be able to delete the User Image Information and the subordinate meta information more than the upper limit from a server subject to the prior notice to the User. The User shall agree that the Company starts the pay service after the prior notice to the User about some or all of the functions of the Services offered at present and some or all of the new features accompanying the Services in the future. However the Company shall not claim payment for using the Services before the pay service starts from the User.
The User shall agree that the Company or a third party authorized by the Company may display advertisements on the display of the Services.
When using the Services hereunder, the User may not conduct any of the following acts or any act that the Company determines falls under any of the following; the User shall notify the Company if the User finds any of the following acts or any act that the Company determines falls under any of the following.
a) acts that violate any laws or regulations or that are associated with criminal activity;
b) acts that defraud or threaten the Company, other users or other third parties;
c) acts against public order and good morals;
d) acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other users or other third parties as the User Image Information or the subordinate meta information;
e) acts to use any of the following or any use that the Company determines as the User Image Information and the subordinate meta information including under any of the following;
excessively violent or cruel content;
computer viruses or other hazardous computer programs;
content that damage the reputation or the credit of the Company, other users of the Services or other third parties;
excessively indecent content;
content that encourages discrimination;
content that encourages suicide or self-mutilation;
content that encourages drug abuse;
content for the purpose of disbursing information, such as chain mails;
content that causes uncomfortable feelings to third parties;
content for the purpose of encountering unacquainted persons of the opposite sex;
f) acts that place an excessive burden on the network or system of the Services;
g) acts that threaten to interrupt the operation of the Services;
h) acts to access or attempt to access the system network of the Services improperly;
i) acts to impersonate a third party;
j) acts to use the user ID or password of other users of the Services;
k) acts of exploitation, advertisement, soliciting or marketing without the Company’s prior consent;
l) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Services or other third parties;
m) acts that violate the Rules;
n) acts to provide Antisocial Forces with profit;
o) acts that are intended to encounter unacquainted persons of the opposite sex;
p) acts that, directly or indirectly, evoke or facilitate acts listed in the preceding items; or
q) other acts that the Company deems to be inappropriate.
a) The User may withdraw from the Services and cancel its registration as the User without giving notice to the Company.
b) In the case the User withdraws from the Services and cancels its registration as the User, the Company shall not be subject to the obligation of deleting the User Image Information and the subordinate meta information or archiving them.
c) In the case the User withdraws from the Services and cancels its registration as a User, the Company can delete the User Image Information and the subordinate meta information from the server of the Company.
d) The Company shall be entitled to or terminate, without any advance notice to the User, suspend or discontinue the Services, in whole or in part.
i. The User failed to comply with any of the provisions hereof;
ii. Any of the registration information is found to be false;
iii. The User has not used the Services for 2 months or more;
f) The Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 9.
10. OWNERSHIP OF RIGHTS
a) Any and all IP Rights related to the Services are expressly reserved by the Company. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Company.
b) The User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the User Image Information and the subordinate meta information, and that the User Image Information and the subordinate meta information so posted do not infringe any third party’s rights.
a) The Company makes no representation or warranty of any kind, express or implied, with respect to the Services (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the User, (ii) that the Services have expected functions, commercial value, accuracy, or usefulness, (iii) that the use by the User of the Services complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations, and (iv) that the Services will be free of interruption or defects). The User understands that the Services shall be supplied as is.
b) Under no circumstances shall the Company be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of messages or information transmitted by the User to the Services, deletion of the registration of the User, loss of registered data or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services (the “Damages”).
c) The Company shall not be liable for any amount exceeding the consideration paid by the User to the Company for the immediately previous 6 months in relation to Damages incurred by the User that are attributable to the Company for any reasons whatsoever under no circumstances shall the Company be liable for incidental, indirect, special, future damages and lost profits.
d) The Company shall not in any way be liable for transactions, communications or disputes arising between the User and other users or a third party in connection with the Services.
e) The Company shall not be obliged to monitor the User Image Information and the subordinate meta information and makes no representation or warranty of their legitimacy, reliability, accuracy and morality.
The User shall keep confidential any and all non-public information disclosed by the Company to the User for which the Company has imposed on the User a confidentiality obligation in connection with the Services, unless the User has obtained prior written approval from the Company.
b) The Company may, in its sole discretion, use or make public any information or data provided by the User to the Company as statistical information in a form that cannot identify an individual, and the User may not challenge or dispute such use.
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Phamily agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Northern District of California for the purpose of litigating all such claims or disputes. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and Phamily, and supersedes any and all prior agreements, negotiations, or other communications between you and Phamily, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions. You may not assign these Terms without the prior written consent of Phamily, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Phamily may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns. You acknowledge and understand that if Phamily is unable to provide the Service as a result of a force majeure event Phamily will not be in breach of these Terms. A force majeure event means any event beyond the control of Phamily. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Phamily’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.